Multi-Jurisdiction The exportation of goods or the provision of services abroad will involve the legal systems of different countries. There are two aspects to this matter. The first aspect concerns which particular country’s laws apply. The second aspect relates to which country’s courts may or must hear disputes which may arise. Disputes can be heard […]
General The General Product Safety Regulations imposes criminal sanctions on producers and suppliers of unsafe goods. This legislation supplements product liability and consumer protection legislation which gives consumers rights of compensation for damage caused and rights under sale contracts for faulty and unsafe products. It applies only to goods supplied in the course of a […]
Liability of Producers Producers of products have certain legal liabilities in relation to consumers. Product liability legislation makes provision in relation to dangerous or defective goods which cause damage or harm. Most goods and products are covered. There is deemed to be a defect, if the safety of the product is not such as would […]
Manufacturer’s Guarantee A manufacturer’s guarantee or warranty is usually a written undertaking to repair or replace defective goods within a certain time. The terms of a manufactures guarantee or warranty depends on what is offered. It may be possible to purchase additional or enhanced guarantee cover. Regulations make provision for consumer guarantees. Guarantees are of […]
General Until recent times most control of the content of advertising was by way of voluntary self-regulatory codes. The Consumer Protection from Unfair Trading Regulations and the Business Protection from Misleading Marketing Regulations were implemented in England in 2008. The Regulations, which derived from European Union Directives, modernised and updated the law on advertising. The […]
General Office of Fair Trading approved Codes of Practice are used in several business sectors in England and Wales. Voluntary Codes of Practice are promoted by Trade Bodies for promotional and quality purposes. Many voluntary codes have been approved by the OFT. The codes do not have the force of law but are binding on […]
Risk A separate issue to that of ownership is that of who carries the risk of the loss or damage to the goods. This generally lies with the person who has ownership. This position can be displaced and changed by the terms of the sale contract. Unless otherwise agreed, goods remain at the seller’s risk […]
Unsolicited Goods Sending unsolicited goods to consumers purporting to provide that the goods are deemed purchased unless the recipient replies within a set time is inertia selling. Inertia selling is the act of demanding immediate or deferred payment or the return or safekeeping of supplied by the trader but not solicited by the consumer. There […]
Data Controllers and Processing The GDPR and Data Protection Act provids key principles for the holding and use of personal data, which are binding on data controllers and data processors. A data controller is anybody who alone or in conjunction with others, controls personal data. Personal data means any data relating to a living individual […]
Rights of Data Subject The data subject’s rights are similar to those under the Data Protection Act. They have rights of access rectification restrict use for direct marketing transfer to another data controller right to be forgotten The right to be forgotten entitles the data subject to require that the data controller erase and no […]